Outwater v. Dodge
New York Supreme Court
Assumpsit, for fish sold and delivered by the plaintiff to the defendants ; tried at the New York circuit, March, 1826, before Duer, 0. Judge ; when the plaintiff was nonsuite(t on the ground that the fish in question were not delivered to the defendants, within the meaning of the statute of frauds. ^ motion was now made to set aside the nonsuit, and . for a new trial, cited 3 John; 399, 420; 10 John. 36 ; 2 Stark.
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Assumpsit, for fish sold and delivered by the plaintiff to the defendants ; tried at the New York circuit, March, 1826, before Duer, 0. Judge ; when the plaintiff was nonsuite(t on the ground that the fish in question were not delivered to the defendants, within the meaning of the statute of frauds. ^ motion was now made to set aside the nonsuit, and . for a new trial, cited 3 John; 399, 420; 10 John. 36 ; 2 Stark. Rep. 127. cited Long on Sales, 47, 152 to 155, and the cases there referred to; 15 John. 349; 3 B. & P. 232.
1Opinion of the Court
The facts are sufficiently stated in the opinion of the court, which was delivered by
Sutherland, J.
The plaintiff was properly nonsuited. The contract was clearly within the statute of frauds. It is not pretended that there was any memorandum of the agreement in writing, nor that anything was paid at the time; and the only question is, whether there was a delivery and acceptance of the fish, within the meaning of the 15th section of the statute, (1 R. L. 79.)
Reynolds and Watrous agree in their statement of the contract. The defendants were to give 19s. per barrel for the fish; to pay for the…
2Cases cited2 opinions
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